People v. Durley

The issue in this appeal is whether the trial court properly denied the petitioner, John Durley, an evidentiary hearing, in connection with his post-conviction petition, for failure to raise a substantial constitutional question. The factual circumstances in connection with the offense are adequately set forth in our prior decision (51 Ill.2d 590), and therefore need not be restated here.

John Durley and Evie May Carter were jointly indicted for the sale of narcotic drugs in Cook County. Evie May Carter was also charged with possession of narcotics. They were tried together by the court…